Gardner v. Jonathan Club

I dissent.

I disagree with the result reached by the majority of this court. In order to reach that result, the majority hold that the “B” check is not a receipt in writing as contemplated by the provisions of section 1860 of the Civil Code.

Assume for the moment that the “A” cheek had been filled in properly with the amount deposited, the date, signature of depositor and the .agent of the defendant who received it, and that it was entirely in order. The “B” cheek was detached from the envelope which comprised the “A” check and was given to the bailor. It was not within the contemplation of the…